R SWAMINATHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) "good administration of justice does not only depend upon the judges, but also upon the lawyers and the entire staff of the Judiciary".

(2.) THE brief facts are as follows: the petitioner was appointed as Orderly-cum-Peon in Judicial Department, Government of Pondicherry with effect from 17-03-1980 and was promoted as Copyist/attender with effect from 11-2-1993, by Office Order No. 281/jd/a/93-232, dated 27-1-1993 of the Judicial Department, Pondicherry. The Disciplinary proceedings was initiated against him consequent on a complaint dated 21-2-98 given by one Tmt. A. Maheswari, Wife of Thiru M. Anbalagan, residing at B/4, Government Servants Quarters, Thalathereu, Karaikal to the Additional District Judge, Karaikal stating that Thiru R. Swaminathan, Amin, formerly at Additional District Court, Karaikal, now at District Court, Pondicherry, a Government servant, while executing a warrant in E. P. 26/95 in O. S. No. 231/93, on the file of District Munsif Court, Karaikal, demanded a sum of Rs. 200/- on a day in August, 1997 and received a sum of Rs. 100/-as bribe from her husband Thiru M. Anbalagan, residing at B/4, Government Servants Quarters, Nehru Nagar, Karaikal for making false endorsement "door locked J. D. out of station" in the arrest warrant in the above case and that he has also demanded from her Rs. 100/- for petrol expenses on 04-02-1998 in the guise of execution of arrest warrant against her husband in the above said case and has also demanded Rs. 100/- and received Rs. 50/- from the said Thiru M. Anbalagan for handing over the notice meant for the said A. Maheswari in A. S. 277/97 on the file of District Court, Nagapattinam. Since his explanation was not acceptable, pursuant to the direction of the High Court and on consideration of the request of the Chief Judge, Pondicherry, the High Court by Official Memorandum dated 27-8-1999, has directed the Special Officer, Judicial Department, Pondicherry to conduct enquiry and as such the Special Officer was appointed as Enquiry Officer. The Special Officer, Judicial Department, Pondicherry by Memorandum dated 12-5-99 issued to the petitioner framed 4 articles of charges contained in Annexure-I to the Memorandum and enclosing Annexure-II indicating the list of witnesses and documents by which the articles of charges are proposed to be sustained against him. The petitioner was required to submit his written statement within 10 days from the date of receipt of the Memorandum by him. The petitioner denied all the charges as false and submitted that the judgement-debtor and his wife had sent the complaint against him to harass him out of ill-will. The Special Officer conducted enquiry against the petitioner, who participated in the enquiry. The Special Officer submitted his enquiry report dated 18-2-2000 holding that all the four charges were proved against the charged official. By Memorandum dated 18-2-2000 the Special Officer served the charged official with copy of the report dated 18-2-2000 requesting him to submit his written explanation or submission to the Special Officer within 15 days from the date of receipt of the Memorandum. The petitioner submitted his written representation on 20-3-2000. The Special Officer after finding that as contemplated under Rule 14 (21) (a) and 15 (4) of Central Civil Service (Classification, Control and Appeal) Rules, 1965, forwarded the entire records to the Chief Judge, Pondicherry who is the authority competent to impose the penalty concerned. By proceedings dated 18-7-2000, the Chief Judge, Pondicherry served a copy of the enquiry report dated 18-2-2000, copy of the findings dated 20-3-2000 of the Special Officer on the petitioner as per Rule 15 (1-A) and 14 (21) of the said Rules and required him to submit within 15 days from the date of receipt of the proceeding by him, his written representation/submission, and indicated therein that if the charged official desired for a personal hearing the same be specified in his representation and also requested the Chief Judge to give a personal hearing to him. A personal hearing was given to him on 21-8-2000. Thereafter, the Chief Judge, Pondicherry by the impugned order dated 1-11-2000, dismissed him from service with immediate effect. Questioning the same, the petitioner has filed this writ petition before this Court.

(3.) HEARD Mr. D. Bharatha Chakravarthy, learned counsel for petitioner and Mr. T. Murugesan, learned Government Pleader, Pondicherry for respondent.